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New sex-offender law faces opposition
 
By NICOLE MARSHALL World Staff Writer
Published: 10/28/2007  1:53 AM
Last Modified: 10/28/2007  1:53 AM

A three-tiered ranking system takes effect Thursday.

New restrictions for sex offenders -- including a three-level ranking system that designates how long they must register -- take effect Thursday.

However, some of those who are on the front lines dealing with sex offenders believe that Oklahoma's law is having an adverse effect and needs further changes.

''Most people who know anything about this are frustrated. It is just not helpful -- the laws as they are now,'' said Randy Lopp, treatment subcommittee chairman of the Oklahoma Sex Offender Management Team.

Lopp is also a member of the review board established by the new law to categorize the sex offenders into three levels.

''I think if the general public understood the research, they would be willing to back the legislators to change the laws to make more sense and to protect children, because the laws as they are written are not protecting children," he said. "They are doing more harm than good.''

Categorizing offenders: Lawmakers changed the state law to comply with the federal Adam Walsh Act, said Jim Rabon, who oversees sex offender registration for the Oklahoma Department of Corrections.

What the federal law calls a ''tier system,'' the new state law calls a ''numeric risk level.'' The risk level is determined by the type and severity of crime for which the offender was convicted and the number of convictions that person

has, he said.

Level One offenders will register for 15 years; Level Two offenders will register for 25 years; and Level Three offenders will register for life.

As in the previous version of the law, those who are categorized as ''aggravated'' or ''habitual'' sex offenders will also be required to register for life.

Rabon said the committee that set up the levels reviewed cases of people beginning prison and probation between July 2006 and June 2007 and determined that most sex offenders fall into the highest risk category.

The review revealed that 78 percent of the sex offenders fall in Level Three, 3 percent in Level Two and 19 percent in Level One.

Based on those numbers, Tulsa Police Sgt. Gary Stansill, who has spent more than 20 years investigating sex crimes in Tulsa, said he believes that the Oklahoma law is too broad.

Under the law, he said, an 18-year-old who is convicted of statutory rape for having sex with a 15-year-old and someone who is convicted of groping an officer during an undercover sting would both be registered sex offenders for life.

''The least number of people should be in the worst tier, but the most number of people are going to be in the worst tier under the new law,'' Stansill said.

Federal law mandates that any state that does not adapt to the Adam Walsh Act will receive up to a 10 percent reduction in federal grant money. Based on past funding, that might amount to a loss of about $200,000 to $300,000 for Oklahoma, Rabon said.

The loss in funding is part of the reason the state has moved to comply with the federal law, he said. Another reason is consistency.

''We do recognize that if all of the states' registration systems are similar, that does make it easier to track offenders when they move from state to state,'' Rabon said.

He said it is important that people realize that Oklahoma has what he believes is one of the best sex offender registration systems in the country.

By that, he means a lot of information is available on the Department of Corrections Web site that is easy for the public to access and local law enforcement agencies to update. He said Oklahoma has a low percentage of delinquent offenders compared to other states.

The residency debate: Lopp said he doesn't believe that the offense-based assessment is the the best way to categorize offenders. He thinks a tiered system is a step in the right direction but that it should be based on the risk of the individual.

Some states have refused federal funds so they can continue to develop risk-based assessments, he said.

A risk-based assessment could then correspond with the residency restrictions, which have created headaches for law enforcement agencies across the country.

Stansill said residency restrictions have driven sex offenders underground in Tulsa.

The controversial state law that went into effect last year has put 90 percent of the city off limits for sex offenders by prohibiting them from living within 2,000 feet of playgrounds, parks or child-care facilities. They were already prohibited from living within that distance of a school.

The new law does loosen the residency restrictions slightly by specifying that offenders are precluded from living near only child-care centers -- and not including day-care homes, which are numerous.

Before the residency laws, Tulsa had about 540 registered sex offenders at the peak. As of Sept. 20, 329 were registered here, Stansill said.

''If I really thought it would really do some good, then I would be all for it (the residency restrictions). Then we could focus on the people who don't want to register -- who have no good excuse for not registering -- because they are the people who are likely to be re-offending.''

The new law that takes effect Thursday requires police to register sex offenders even if the offenders intend to move into restricted areas. Previously, Tulsa police would tell an offender to look for another place to live and then come back to register.

''If I register those people, does that give them the right to live there?" Stansill questioned. "Or are we supposed to register them and turn about and work a case against them for violating the residency law?''

Stansill said sex crimes detectives are already overloaded with sex offender law violation cases.

From 2006 to 2007 Tulsa police have investigated 228 sex offender registration violation cases. During the same time period, they investigated 275 rape cases.

Forcing offenders to move from place to place because of residency laws could do more harm than good, Lopp said.

''When you keep making these people move, you are disrupting their stability; you are disrupting their jobs; you are causing an immense amount of stress on that population,'' Lopp said.

''What do we know about re-offense? Stress, job instability, living instability increase the chance of re-offense.''

Authorities say research shows that where sex offenders live is not a factor -- that most of them know their victims and that attacks often occur in the victims' own homes. But Rabon said there is more than one side to the argument about residency restrictions.

''The other side of that is that between the DOC and all of the local law enforcement agencies, . . . everybody works hard trying to locate them and keep the addresses current,'' he said.

That results in Oklahoma having a high rate of compliance, Rabon said. Of 5,462 registered sex offenders statewide, 870 are classified as delinquent, meaning their locations are unknown.

''When the residency restriction went into effect, we saw the delinquent number bump up a little bit, not a huge number,'' he said.

Meanwhile, Lopp hopes the committee works to encourage state and federal legislators to change the laws to make them more effective.

''What ultimately is going to have to happen to change this law is the community is going to have to get in touch with legislators and tell them, "This is not helping; this is making things worse,' " Lopp said.


SEX OFFENDER REGISTRIES

To search sex offender registries in your area, click on these links:

Oklahoma Department of Corrections — www.tulsaworld.com/docsexoffenders

Tulsa — www.tulsaworld.com/tpdsexoffenders
Bixby — www.tulsaworld.com/bpdsexoffenders
Broken Arrow — www.tulsaworld.com/bapdsexoffenders
Jenks — www.tulsaworld.com/jpdsexoffenders
Owasso — www/tulsaworld.com/opdsexoffenders
Sand Springs — www.tulsaworld.com/sspdsexoffenders
Sapulpa — www.tulsaworld.com/spdsexoffenders
Tulsa County — www.tulsaworld.com/tcsosexoffenders


Nicole Marshall 581-8459
nicole.marshall@tulsaworld.com

By NICOLE MARSHALL World Staff Writer

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a, tulsa (10/28/2007 7:25:27 AM)
I'm a fan of a risk factor system, and we have got to redo the residency requirements!

This article spells out the problems very well-that not all sex offenders are really sex offenders at all <19yrolds having consensual sex with 16yr olds>; and that proximity to day cares and schools does not keep children any safer.

Report Comment
Bill Hader, Jenks (10/28/2007 8:46:47 AM)
I believe that the registries are a bunch of "feel good" crap. Chance the sentencing laws to mirror that. If child rapists get life sentences then we dont have to worry about the kids. If someone does their "time" then once released, they should be a free citizen. These laws do not stop crime. They only make people feel good in the false belief that they are in control when in fact they are not. Change the laws on the front side and lock up the rapist's and child molesters for life, no get out card at all and then the public will be safer.
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Johnny O, Tulsa (10/28/2007 2:02:28 PM)
One thing I'd like to see in the sex offender data base is an articulate description of what the offender did. There's sex offenders everywhere and they all tell the same story about how they were required to register because they "urinated in public" or "exposed themselves to a woman in a bar." Those offenses seem unreasonable to require someone to register so the sex offenders tell people they are registered just because of that. The reality is quite different. In reality, the offenders are almost always convicted of a much more worrysome act. So, in short, I'd like to be able to easily look up an offender, read the particulars of their case, and make my own judgement as to if I should truly be worried about them or not.
Report Comment
Robert Paisola, Salt Lake City, Utah (10/28/2007 3:43:49 PM)
You can get up to date coverage on this issue at The Sex Offender Chronicles . Just Type "The Sex Offender Chronicles in Google"

Offenfer reform possible.

Robert Paisola

CEO

The Robert Paisola Foundation for Offender Reform

Report Comment
Concerned Mom, (10/28/2007 4:34:39 PM)
"Change the laws on the front side and lock up the rapist's and child molesters for life, no get out card at all and then the public will be safer."

Amen. Couldn't have said it better myself.

Report Comment
Cherry, Tulsa (10/28/2007 6:48:36 PM)
All sex offenders should lose all their rights. No one should have to go through what these type of people put them through. I say open up Alcatraz and send each and every sex offender over there with a life without parole sentence. These type of people do not deserve to be in the general population anywhere, but do deserve to be with the same type of people that they are. If that doesn't work, then I say put them in with the murderers and turn our backs!!
Report Comment
Bebop, Oklahoma (11/2/2007 10:17:48 PM)
I really think Oklahoma is going overboard changing the laws for sex offenders like they have. What about the people who have spent their time in jail and were told they had to register once a year for ten years and they have done eight years of that? With this tier system, the lowest tier is 15 years. It's not fair. Now they have to put it on their drivers license, so every time they do anything it will be flashed to everybody. Why can't they put a code or something on it, instead of writing "sex offender" on their license. Especially if they didn't do the crime in the first place.
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shelle, Bartlesville Oklahoma (11/3/2007 8:13:36 AM)
I am a person who was a victim of Sexual abuse as a child. The perpetrator was my stepfather who adopted me when my mother died. This was a person who had serious problems at a young age and had already raped or forced himself on someone else.

The reason I told you the above is to go on to the issues involved with registration and healing for those who have been offended. First of all you would think I would have hatred toward this person and some may think I am a fool but, I think most of these registration laws are ridiculous. These laws would not have helped me or prevented what happened to me then. Most people that offend are alcholics or drug addicts. While it does not excuse their behaviour most of them are committed during a black out or what is referred to as a brown out period. The barely remember what they did. My point in telling you this is that we live in a society that does not treat addictions, Has little in place for long term treatment for dealing with the issus of drug and alcohol addiction and is to lenient on first offenders with crimes against persons or are drug and alchol related.

which brings me to the fact that I am also married to an offender. This is his story. He had many encounters with law enforement either due to drugs or alchol early on. At 30 he tries to get help overcoming his addictions, he enters an outpatient treatment program and soon realizes he isn't making it. This person is also bi-polar or what we call manic depressive. He gets into a in patient program. Insurance company decides to deny so he is out of the program. Trys to setup himself with a good longterm outpatient but not working decides to do counseling in the process. IN the meantime he has a 15 year old girl babysitting who falls in love with him and starts to crawl into his bed. He doesn't have sex with her for quite sometime talks to couselor about it. Counselor tells him the feelings he is having are "normal" he was 15 when he started using so he is really only 15 socially emotionally not that he has stopped. I think there is some truth to that but, my god you dont tell someone that who is confused. Still does not justify his actions. To compound matters the mother of the girl approves of and encourages the relationship. He tells his wife about it. (who was not living with him at the time) She is the one who turns it in. He does no time in jail is released immediatley and told to stay away from the girl. She starts calling and convinces him to leave the state with her. He does but after a few days says this is stupid it will affect my own children for years to come. He calls his wife who he is not living with and informs her he is coming back to turn himself in. He gets 4 months in Jail and is still not on drugs for the bi-polar disorder. He find out about a treatment program and sex education program that can help him deal with his feelings and to understand why it was a bad thing he was in love with a 15 year old. Trys to get into it before he is released from jail and is put on a 6 month waiting list. By the grace of god he works somethings out with his wife, gets involved with church and starts doing okay. 3 months later the girl starts calling again. He is waiting to get into a program and his wife and him have several things to work out. He goes and sees the girl and tells her why he loves her that he cannot do this to his family and she needs to go turn himself in. Drops her off and is arrested when he gets homne. Goes to prison and gets the education he so desperatley needed. The time to talk out his problems. Gets out and wears a gps system for a year. HE registers faithfully because he believes in the registration laws. His crime was in another state so even though he has been out of the system for over 10 years he has to register in oklahoma. He has a daughter and 3 sons who love him dearly. He had kids in and out of his house over those years and always let the parents of those kids know his story if our kids where going to have them over. Talk to any of those kids and they will tell you that becau

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robin, norman (11/12/2007 2:00:19 AM)
News of a horrific crime, reporters telling the details over and over, mugshots of the suspect on the screen, revelation that the suspect is a registered sex offender. Even though such a crime might occur hundreds of miles away, I panic.

That crime could cost my son any remaining chance of a normal, stable childhood. It could cost me the choice to live peacefully with my husband, the right to live free of the terror that someone will show up on my doorstep intent on murder.

Why? Because in response to horrific crimes, society now lashes out at law-abiding citizens who, in the past, broke the law. Punishes them again by broadcasting their daily whereabouts to the world, driving them into joblessness and homelessness, banning them from walking down a city street or taking shelter in cases of emergencies. And the law thoroughly punishes their families. Spouses must either live under the same dangers, restrictions and privacy invasions, or abandon their marriage. Children lose friends, homes, and the right to be free of mockery and assault and fear.

We don't speak out often. Being legally required to provide personal information to those who wish to kill us tends to stifle public discourse. If a death threat is made, we cannot protect ourselves by staying with relatives or in a hotel for a few days. The law requires we keep the potential killer updated as to where we can be found. And that potential killer would have more rights under the law, even if he murdered us, than we do as people trying to remain in compliance with ever-changing laws.

My husband was convicted decades ago of a sex crime against an adult. He served time, he participated in years of treatment during and after release, he spent additional years under supervision. Then a court, and a panel of mental health experts, deemed he was no longer a danger to anyone. Not medium risk, not low risk. No risk. He set out to do what hundreds of thousands of ex-cons do--build a new life--and he succeeded. We married and had a child. We worked hard, contributed to our community, enjoyed life, made plans for the future.

Then society demanded a do-over, and contrived to do so through "regulation." So another court decided there was no punishment attached to retroactive registration of sex offenders, nor in the highly publicized dissemination of their whereabouts. Even though we are no longer subject to criminal supervision, "civil" laws have taken our privacy, our right to live and travel where we choose, and our right to be free of harassment.

Politicians, the media, and the public make it clear to us: We are human garbage. Toxic waste. Unfit to breathe the air. Unworthy of life. Deserving of death at the hands of vigilantes.

Yes, I say "we," even though my husband is the only sex offender in the family. For years, the public, politicians, and certain advocacy groups have gotten away with failing to acknowledge the swath of collateral damage their law-making has inflicted. If a mere third of offenders are married, almost a quarter million spouses are recklessly placed in jeopardy by the laws. If a third live with a parent, almost a quarter million family members are at risk. If a third have a single child, almost a quarter million children are--daily--endangered by public notification and the prevailing, rabidly encouraged public sentiment that any registered offender should be tormented at every opportunity. Our lives are ones of fear.

There is no way to appeal it. There is no escaping it. No matter what we do--no matter how well or how long we abide by the laws--we lose more and more rights and freedoms every day. And that loss is based upon pure hysteria and statistical manipulation. The testimony of mental health experts is ignored by politicians and the mainstream media. True recidivism rates are under-reported, or are not reported at all. Even victim advocacy groups and prosecuting attorneys are disregarded when they speak against these punishments. And discussing the consequences of the

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Betty, New York (3/24/2008 2:45:29 AM)
Reevaluate, there are too many young men in prison for statory rape and will have to register as sex offenders. Young women are lying about there ages, are not dressing age appropriate and becoming sexually active. Counseling should be given to the male because he has been damaged for life and the young women need counseling because they have been damaged and have caused a serious crime and don't seem to understand the consequences of being sexually active with someone older. These young men 18 or 19 years old having consentual sex with a 15 or 16 year old female that states she is older should not be classified with an individual that has forced sex. I was once a young lady at 12 or 13 putting my age up to 15 or 16 years old. Sneaking makeup and stockings thinking this would make me more attractive. Lucky to have seven brothers for protection. If not for these brothers and a very strict mother that caught me every time I did something stupid I would have caused a young or older man to be a sex offender. Please give these young men a chance to make up for their mistake. If one should repeat the same crime then he or she should be listed as a sex offender for life. Congressmen, Lawyers and Judges your sons and daughters should get the same treatment as anyone else. Drug and sex counseling seems to be needed more and more each day because our children think it is so cool to be high, older than what that are and having sex is the bomb. Serious counseling is needed for the young men, Young women and the families because this effects everyone.
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marydoogan, tallahassee (10/29/2007 1:11:35 PM)
... ''What ultimately is going to have to happen to change this law is the community is going to have to get in touch with legislators and tell them,....

We have been talking to them, going to their offices, meeting with them, giving them the GOVERNMENT statistics, that show the Low Reoffender rate. (Your tax dollars by the way). Yet they continue to IGNORE the facts and the public believes every person arrested and on the registry has committed a HEINOUS act.

If the public actually knew how EASY it is to be put on the registry, you would be singing a different tune...

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phil, tulsa (10/29/2007 2:07:43 PM)
Marydoogan i couldnt agree more with you. most molestations are not stranger related but family related. statisticly speaking there are no more molestations as there were in the 60's we just hear more about it which makes it seem that much worse. urinating in public is considered the same as exposure and its why its considered a sex crime that needs to change. then theres the rapist. how many stories do we hear about the girl(not saying it happens always) gets caught with thier boyfriend by thier parents or husband and claims it was not consentual.

think of it this away for the cherrys out there. you forget to pay for something and as you walk out the store you get dragged back in. no matter what you say or do you are now labeled a thief for the rest of your life. is that right? how about the guy in alaska. convicted of rape 30 years ago. he served his how many ever years and never reoffended. 30 years later he finds he had to register. dont know the full details but heres a guy who did his time. never reoffended yet is being punished again for a crime he already served time for. almost like getting a speeding ticket. paying for it and 30 years later finding you have to pay it again onoy this time you have to keep paying it every time you want to drive your car.

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N/A, Catoosa (10/29/2007 3:12:54 PM)
I agree that what is concidered a sex crime needs to be reevaluated not how long these people have to register. I personally feel that if you are convicted of rape you should not walk the face of this earth again. I have a brother convicted of statatory rape and he served 5 years and was let out this was fine he was 19 the girl was 16. I have an ex boyfriend who plead no contest to the molestation of his daughter and served 2 years and has to register as a sex offender for life. Personally, this guy should still be in prison. If they would fix the laws regarding the sentencing for sex offenders maybe people would do it. Once they are out they have all the free will to do whatever again wether they register for 5, 10, 15 years they are still getting a second chance! This needs to be evaluated.
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RH, (10/29/2007 4:41:41 PM)
I think rating the sex crime is a good idea. Identifying the real threats to our children will allow law enforcement to monitor the real threats better. Right now much time is wasted people who really did not commit a sex crime.

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Dee, Tulsa (10/31/2007 12:40:37 AM)
I am a mother of college and teenage kids. Not all sex offenders are rapists and molesters. People need to know. High school girls are showing up at fraternity parties. They look 20 not 15! Young men are being charged with rape after a night of drinking. A young man charged with rape (consentual sex with a 15 yr old) is now married and has children with the same girl. They have been married 10 years. Is he really a sex offender? Will he ever be removed from the registry? Is this really justice? Young adults (college)are downloading minor porn on their computers, some are chatting with 15 year olds. They are making poor choices. They are now sex offenders. Labeling them sex offender for most of their lives and branding them publicly for most of their lives seems beyond just punishment for the crime. A Congressman's 19 year son in Tulsa was charged with internet chat and going across state line to meet a teenage girl. I think he was not convicted and sentenced to life as a sex offender but many others have been convicted for the same exact crime. Is there no program available that gives these youing people a chance to get counseling an deferr their sentence? Does anyone think the judge is a sex offender for using a penis pump in the courtroom? Does anyone think he is going to rape and molest anyone? Branding him a sex offender is an injustice.Many young people are being placed in a life of hoplessness after being labeled a sex offender for urinating in public after drinking at Oktoberfest, or being at frat parties with girls they thought were older. Many lives are being destroyed. Mr. Lopp, the police, the DOC and many others believe the laws do not help and are not just. They do not protect children or the public. Over 90% of sex offenders are family and friends not strangers. With the laws the way they are, who is going to turn in "uncle Bob" or the sweet "dirty old man." Two million people are in U.S.prisons,many will be released. Once you have a felony, it is very difficult, if not impossible to find a job, housing and help. If you are labeled a sex offender it is nearly impossible to find a job or place to live. There are many who have committed great crimes and offenses - they have caused great harm but many have never raped or molested anyone! These are the ones we, as society must speak up on their behalf. Mooning and streaking were considered fun when I was in college. Parents warn your children. It is a sex offense and a against the law to urinate in public, moon on a bus (high school kids having fun!, streak, or flash for fun. Can legislators stop the hysteria and buying into media publicity?

Perhaps treating each person case by case and allowing for a mechanism for the person to petition for a review process to be taken off the sex offender registry seems more humane.It offers a measure of hope and rehabilitaion incentive.

For those who are Christians, is there a church that can help or a foundation that can provide housing and a stable job. Perhaps buying land and building temporary housing and counseling opportunities for the entire family may help prventr future problems.

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June, Broken Arrow (10/31/2007 3:24:49 PM)
Do you really want your tax dollars spent to track the young man who groped a girl at a party, or do you want the authorities to spend your tax dollars to track the man who molested a child? Make your minds up, people. If you want to lock up everyone who looks at you funny, then be prepared to see your tax bill increase and shut the heck up.
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clint, royal oak (10/28/2007 7:53:49 PM)
Cherry, You are an idiot. Read some statistacle info, It' people like you who make it hard to properly legislate crime. I dont think stupid people should be able to express there opions, but I don't force this philosophy on anyone. All this excessive enforcement crap does is waste my hard earned tax dollars. I take the initative and watch my kids like a hawk.
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mae, bristow (10/29/2007 6:13:07 AM)
i know, all the people who think this law is a waste of time let these EX-sex offenders move in next to you or better yet with you.
Report Comment
mm, beggs (10/29/2007 10:04:31 AM)
These sex offenders took something from their victims that can never be given back...so, why not take the sex offenders freedom away forever??
Report Comment
DwightD, Tulsa (10/29/2007 10:42:57 AM)
Sex offenders - who needs their kind? If they did something like pissed on a phone booth or something juvenile, then they should not be classified as a sex offender. However, if they did something terrible, rape, molestation or something like that, then they need to go to a special place - like Iraq where our troops can put them to good use sniffing roadside bombs and going into insurgent hideouts before the troops. If they live through that, I bet the won't ever do that crap again!
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*******, oklahoma (10/29/2007 11:40:58 AM)
I agree with mm, they do take something from them that can NEVER be replaced, and the vitcums live with that every single day and they can't 4get it, I don't think the REAL sex affenders should be released 4m jail, b/c when they get out the victum is always wooried and wondering if there coming back 4 them 4 teling......ect
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Sandra, Tulsa (10/29/2007 12:58:17 PM)
I think to public needs to be educated about the offenders offence. A tiered system, with more tiers, based on risk and offence, should be set up. Along with that should be a comprehensive data base that outlines the true nature of the "crime." Urinating in public really does require a registration, but 15 years is too long. I want to be able to know if my neighboor got drunk and relieved himself/herself on the street corner in college, or if they raped their niece or nephew. I also feel that the residecy restirctions should be made to reflect the level and nature of there offence. I want to know who is living next door, but I don't want to have to go through the unneccessay worry and fear if all they did was "piss on a phone booth".
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MSLGW, Tulsa (11/2/2008 12:08:06 PM)
•Oklahoma —Like Lamons, other legislators say they'll try to narrow their state's restrictions. "Let's apply them to those who are
the highest risk to society," says state Rep. Gus Blackwell, the Republican majority whip.
Sgt. Gary Stansill, head of the Tulsa Police Department's sex-crimes unit, says the current law applies to too many offenders and
that he spends "way, way too much of my time" trying to enforce it. He says he investigates as many cases of sex offenders not
registering as he investigates rape reports. He considers less than 10% of the state's 8,000 convicted sex offenders to be high-risk
and is lobbying lawmakers to focus on them.

cfcoklahoma(.)org
 

 
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